| Alert: Petition deemed invalid for rock quarry vote |
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By: MICHELLE WILLARD, Post Staff Writer
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Posted: Wednesday, September 10, 2008 1:13 pm
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The surrounding landowner petition submitted to force a two-thirds vote from the Rutherford County Commission in the Murfreesboro-Rutherford County Quarry debate was ruled as invalid, a planning department official said.
“After consulting with the County Attorney’s office, five petitions were determined by the Planning Department to be in compliance with the zoning resolution requirements. This number does not meet the 20-percent threshold,” explained Doug Demosi, county planning director.
The neighbors tried to take advantage of Section 4.05 of Rutherford County’s Zoning Resolution; the same resolution that put the brakes on Bible Park USA in May.
The provision allows for 20 percent of landowners with a common boundary or across a public road to submit petitions in opposition to the rezoning. If the petition were deemed valid, the county commission would have needed to approve the request with a two-thirds majority vote.
According to paperwork submitted with the petitions, representatives of the neighbors counted 29 eligible landowners, meaning only six of the petitions must be verified to force a two-thirds vote.
The planning department identified 27 eligible landowners with its research and found only five of the 13 petitions submitted were from adjacent landowners
“The other petitions were not considered because of various concerns, such as not sharing a common boundary or not being directly across a public road from the proposed reclassification,” Demosi said.
Since the petition was deemed as invalid the county commission only has to pass the request with a simple majority vote Thursday night on a conditional-use permit request by the Rogers Group to rezone approximately 135.9 acres from residential to industrial.
If passed the life of the Murfreesboro-Rutherford County Quarry in the Blackman Community will be extended by 20 years.
The conditional-use permit will “secure access to additional reserves,” but not increase current production levels, said Tom Kenley with the Rogers Group.
The company, which bought the quarry in 2000, has 25 years worth of rock in the area it is currently quarrying and the new land will not be used until the current reserve is exhausted.
During the planning process, Rogers Group negotiated with the county and agreed to fund construction and materials to widen Burnt Knob Road to three lanes with a six-foot shoulder from the Murfreesboro-Rutherford County Quarry to the new Beesley Road interchange.
The company met with 250 homeowners and determined the primary concern of area residents is Burnt Knob Road.
According to planning staff comments, the average traffic load on Burnt Knob Road is 2,787 vehicles per day and the developer needs to improve the road by adding turn lanes.
Other commission agenda items
- Standing committees will be voted on for the coming year. The committees will also vote on chair and vice chair appointments. The commission will also vote on appointments to the Ethics Committee and elect Chairman Pro-Tem and Commission Chaplain posts.
From the Budget and Finance Committee:
- Resolution Authorizing Funding for Buchanan Middle School and North Corridor Middle School Projects
- Initial Resolution Authorizing the Issuance of $85 Million General Obligation Bonds.
- Resolution Authorizing County Mayor to Request City of Murfreesboro to Forego Their Share of the Next Bond Issue
- Resolution Approving On-the-Job Injury Program Plan Document
From the Health and Education Committee:
- Report from Schools Director Harry Gill on all current construction and renovation projects
From the Steering Committee:
- Resolution Authorizing Increase to Local Litigation Tax for General Sessions Judges
- Resolution to Levy $10 Privilege Tax to be Used Exclusively for Jail/Workhouse Construction, Reconstruction, Upgrading or to Retire Debt
- Resolution to Levy $25 Litigation Tax on Civil and Criminal Cases to be Used exclusively for Courthouse Security
Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.
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